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Appeals Court Upholds Restrictions on Mifepristone—But Abortion Pill Remains Available for Now
"Today's decision is a likely first step toward a massive blow to reproductive rights in the United States—and a stark reminder that our courts have been hijacked by Republican extremists," said one abortion rights advocate.
Aug 16, 2023
A federal appellate court on Wednesday upheld portions of a ruling restricting access to the abortion pill mifepristone, although the drug will remain available pending the outcome of ongoing litigation.
A three-judge panel of the right-wing 5th U.S. Circuit Court of Appeals ruled that mifepristone can remain on the market, while finding that the Food and Drug Administration's (FDA) 2016 move to allow the pill to be taken later in pregnancy, mailed directly to patients, and prescribed by healthcare professionals other than doctors was likely illegal.
The ruling—which the Department of Justice (DOJ) said it will appeal to the U.S. Supreme Court—was condemned by abortion rights advocates.
"Ignoring the facts and the expert scientific judgment of the country's top doctors is judicial activism of the highest order."
"This entirely illegitimate decision could cost lives all across the country," Rachel O'Leary Carmona, executive director of Women's March, said in a statement. "The conservative three-judge panel that is the 5th Circuit Court is just another agent in extremist Republicans' plan to enact a full nationwide abortion ban and to cut back access to critical reproductive healthcare."
"To be clear: Mifepristone is an FDA-approved medication that has been proven safe and effective for women in all walks of life for over two decades," she added. "It has a safety record of over 99%—more than that of Tylenol or Viagra."
Following the Supreme Court's cancellation last year of half a century of constitutional abortion rights in Dobbs v. Jackson Women's Health Organization, U.S. District Judge Matthew Kacsmaryk in Texas ruled this April in Alliance for Hippocratic Medicine v. FDA that the agency's approval of mifepristone in 2000 was illegal.
The DOJ subsequently appealed Kacsmaryk's decision to the 5th Circuit. Later in April, the Supreme Court granted a request by the Biden administration to continue allowing widespread access to mifepristone pending the outcome of the 5th Circuit case.
"Today's decision by the 5th Circuit to partially reaffirm Judge Kacsmaryk's ruling attempting to yank mifepristone off the shelves is an outrageous attack on the reproductive freedom and bodily autonomy of women and pregnant people in the United States," Catholics for Choice president Jamie Manson said in a statement.
"A mountain of scientific evidence demonstrates that mifepristone—which, when taken in combination with misoprostol, accounts for most of the abortions in the United States—is a safe and highly effective method of terminating an early pregnancy," Manson added. "Ignoring the facts and the expert scientific judgment of the country's top doctors is judicial activism of the highest order."
Nicole Regalado, vice president of campaigns at UltraViolet, warned that "if the Supreme Court refuses to take this case, or affirms the 5th Circuit's decision, it will severely restrict access to mifepristone nationwide."
"Today's decision is a likely first step toward a massive blow to reproductive rights in the United States—and a stark reminder that our courts have been hijacked by Republican extremists who will stop at nothing to advance their sexist agenda," she continued.
"In times like these, every single one of us must make a choice: Will we stand by and let extremist judges impose their sexist agendas on millions of people, or step up to protect the rights of women and pregnant people to make decisions about their bodies?" Regalado added. "History will remember which side we choose."
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Jury in Civil Case Finds Trump Sexually Abused, Defamed E. Jean Carroll
One prominent trial attorney called on New York lawmakers to "extend the CRIMINAL statute of limitations for sex crimes so Trump can be criminally prosecuted for the sexual abuse that this civil jury found Trump committed."
May 09, 2023
A civil jury in New York City on Tuesday found former U.S. President Donald Trump civilly liable for sexually abusing and defaming—but not raping—journalist E. Jean Carroll and awarded her $5 million in damages.
After two weeks of testimony and just under three hours of deliberation, the six-man, three-woman jury awarded Carroll $2 million in compensatory damages and $20,000 in punitive damages for sexual battery, and $1 million in compensatory damages, $1.7 million for reputational repair, and $280,000 in punitive damages for defamation.
Carroll alleged that Trump—a 2024 Republican presidential candidate—raped her in a dressing room of the Bergdorf Goodman department store in Midtown Manhattan in 1996 and then defamed her when he denied the accusation.
\u201cThe verdict form is now public in E. Jean Carroll v. Trump. @LawCrimeNews\u201d— Adam Klasfeld (@Adam Klasfeld) 1683665199
In denying the assault, Trump claimed to never have met Carroll, whom he called "mentally sick" and a "whack job" who is "not my type" in "any way, shape, or form."
The Associated Pressreports:
The trial revisited the lightning-rod topic of Trump's conduct toward women.
Carroll gave multiple days of frank, occasionally emotional testimony, buttressed by two friends who told jurors she reported the alleged attack to them in the moments and day afterward.
Jurors also heard from Jessica Leeds, a former stockbroker who testified that Trump abruptly groped her against her will on an airplane in the 1970s, and from Natasha Stoynoff, a writer who said Trump forcibly kissed her against her will while she was interviewing him for a 2005 article.
Carroll smiled as the verdict was read and as she walked out of the Manhattan Federal Courthouse on Tuesday.
Trump—who did not appear at the trial—wrote on his Truth social media platform: "I HAVE ABSOLUTELY NO IDEA WHO THIS WOMAN IS. THIS VERDICT IS A DISGRACE—A CONTINUATION OF THE GREATEST WITCH HUNT OF ALL TIME!"
Joe Tacopina, Trump's attorney, called the verdict "strange" and vowed to appeal.
"Obviously, [Trump is] firm in his belief, as many people are, that he cannot get a fair trial in New York City based on the jury pool, and I think one could argue that's probably an accurate assessment based on what happened today," Tacopina said during a press conference outside the courthouse.
More than two dozen women and a 13-year-old girl have accused Trump of sexual misconduct, including rape and assault.
One month before the 2016 presidential election, a 2005 recording of Trump telling "Access Hollywood" host Billy Bush that "when you're a star," women let you "do anything" to them," including "grab 'em by the pussy" surfaced.
Asked during deposition by Carroll's lawyers if he believes the premise of his "Access Hollywood" comments—that powerful men could sexually assault women with impunity—is true, Trump said: "If you look over the last million years, I guess that's been largely true. Not always, but largely true. Unfortunately or fortunately."
Trial attorney Lisa Bloom called on the New York Legislature to "extend the CRIMINAL statute of limitations for sex crimes so Trump can be criminally prosecuted for the sexual abuse that this civil jury found Trump committed."
Last May, Democratic New York Gov. Kathy Hochul signed the Adult Survivors Act, allowing survivors of sexual assault that occurred when they were older than 18 to sue their abusers—regardless of when the abuse occurred—during a one-year period.
\u201cReminder that this verdict was made possible because New York passed the Adult Survivors Act, providing a one-year window for sexual assault survivors to file civil suits, even if the assault occurred outside the statute of limitations. https://t.co/Lbvcs5MiN5\u201d— Kate Riga (@Kate Riga) 1683660314
Tuesday's verdict comes just over a month after Trump pleaded not guilty to 34 felony counts involving alleged hush money payments during the 2016 election in bids to cover up sex scandals, including $130,000 given to porn star Stormy Daniels and $30,000 payment to a former Trump Tower doorman who claimed to have a story about a child Trump had out of wedlock.
Rights defenders welcomed the jury's verdict.
\u201cA jury just found Donald Trump liable for sexually assaulting E. Jean Carroll.\n\nThe Republican party will STILL eagerly stand by him to prop him up while they offer their unwavering support.\n\nTheir subservience is a slap in the face to survivors and all women.\u201d— Congresswoman Summer Lee (@Congresswoman Summer Lee) 1683663033
"We are grateful to E. Jean Carroll for sharing her truth. We are in solidarity with her and survivors of sexual violence," UltraViolet tweeted.
"We know that sexual violence and rape culture is all around us, often perpetuated or carried out by those in positions of power. E. Jean Carroll is one of over 20 women who have come forward with stories of sexual assault by Donald Trump," the group added.
UltraViolet called on CNN to cancel a planned Trump town hall.
\u201cCNN must cancel Trump's Town Hall. Join us in calling on @CNN to cancel Trump's Town Hall tomorrow: https://t.co/tTmWiL9Lae\u201d— UltraViolet is not paying for this (@UltraViolet is not paying for this) 1683660412
"When media outlets like CNN give Trump a platform, they do a disservice to all their viewers," the group wrote. "Contrary to the network's excuses, hosting a town hall with Trump isn't about hearing 'both sides.' It's a brazen ploy to seize ratings."
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Texas Ruling Could Have 'Devastating' Impact on Access to Abortion Pills Nationwide
"This isn't about what the overwhelming majority of Americans want," said one advocate. "It's about a small group of people who want control over women's freedom to choose, and will seek any means to achieve it."
Feb 09, 2023
Abortion rights advocates are "watching and hoping that evidence-based care will prevail" in a federal court case in Texas, said one physician this week as a judge appointed by former President Donald Trump is expected to rule as soon as Friday on the Food and Drug Administration's authority to approve one of two drugs commonly used for medication abortions.
In a lawsuit filed by the right-wing Christian legal group Alliance Defending Freedom, Judge Matthew Kacsmaryk will review the final arguments on Friday, and is expected to soon rule on whether the FDA's approval of mifepristone should be revered more than two decades after the drug was first made legal.
Less than a year after the right-wing majority of the U.S. Supreme Court overturned Roe v. Wade and cleared the way for at least 13 states to impose bans on abortion care, a ruling in favor of the plaintiffs would cause fresh "chaos" in the reproductive care landscape, according to abortion provider Dr. Kristyn Brandi. If Kacsmaryk rules in favor of the right-wing group, mifepristone would be banned even in states where abortion remains legal.
"A court case in Texas could easily turn into a nationwide ban on the most commonly prescribed medication abortion in the coming weeks through underhanded judicial tactics."
More than 3.7 million people have used mifepristone, which is taken alongside misoprostol in order to induce an abortion, since it was approved in the United States. Medication abortions now account for 53% of abortions in the U.S., and the FDA in recent years has made them more accessible by allowing patients to obtain the pills at telehealth visits and to get them through the mail and, last month, by allowing certified pharmacies to dispense the medication.
Alliance Defending Freedom and other pro-forced pregnancy groups have claimed the FDA was careless with patients' health when it approved mifepristone, even as clinical trials have shown it to be safer than penicillin, Viagra, and Tylenol.
\u201cWe have 20 years of evidence that medication #abortion is safe and effective.\n\nThis is yet another example of antiabortion extremists throwing everything at the wall to see what sticks. The Trump-stacked judiciary once again poses a threat to our rights: https://t.co/JkiuiyTrU9\u201d— Kelly Baden (@Kelly Baden) 1675864084
Advocates say the reversal of the FDA's approval would endanger millions of people who need abortions, as many would be left with only the option of a surgical abortion in clinics, which have become overburdened as people travel from states that have banned or severely restricted access.
"This ruling could be devastating for abortion care," Andrea Miller, president of the National Institute for Reproductive Health, toldThe Guardian on Thursday. "Cutting off critical access to abortion medication—which is the preferred method for more than half of abortion patients in the country—would cause significant harm, especially at a time when Dobbs has made it difficult or impossible for many to get care at clinics."
Some clinics have begun mobilizing to prepare healthcare workers to provide misoprostol-only medication abortions.
"No matter the case outcome, Planned Parenthood health centers will remain committed to doing whatever possible to ensure patients can choose the method of abortion that is best for their circumstances, including medication abortion," Danika Severino Wynn, vice president of abortion access at Planned Parenthood, told Jezebel on Tuesday.
Taking only misoprostol to induce an abortion has a lower success rate than taking the combination of pills—88% compared to 98%—and misoprostol-only abortions carry a greater risk of side effects. Both factors could complicate matters for people who live in states with abortion bans and decide to travel out-of-state to receive care to avoid potential prosecution. As The 19threported on Tuesday:
Some patients will have to decide if they want to take the pills in their home state, where it is outlawed, or if they want to take them before traveling home, navigating severe cramps and even vomiting while making an hours-long drive or flight.
And because misoprostol only has a higher failure rate, patients traveling out of state could face other risks. If they return home and learn the abortion has failed, multiple experts said, patients may not know where or how to find safe care in their home states, or may need to make another expensive trip across state lines.
"It's really hard as a provider to know there's a medication that works better than other options and not be able to offer that because of politics," Brandi, who chairs the board of the advocacy group Physicians for Reproductive Health, told The 19th.
Greer Donley, an associate professor at the University of Pittsburgh Law School, noted that in addition to harming pregnant people, a ruling in favor of the plaintiffs would have "serious and broad implications" for all drugs approved by the FDA and for the agency's authority.
Rights advocates this week noted that Kacsmaryk recently ruled against a federal program that allows teenagers in Texas to access birth control without their parents' permission.
\u201cI almost forgot that the judge that could ban the abortion pill nationwide also said anyone under 18 can't consent to birth control, basically echoing the arguments being used to deny trans youth care (which is the on-ramp to denying all trans people care) https://t.co/6C8rh2AZ5r\u201d— Gillian Branstetter (@Gillian Branstetter) 1675807742
Rights groups Women's March and UltraViolet on Thursday announced plans for a rally and march on Saturday in Amarillo, Texas, where the ruling will be handed down.
"A court case in Texas could easily turn into a nationwide ban on the most commonly prescribed medication abortion in the coming weeks through underhanded judicial tactics," said Rachel Carmona, executive director of Women's March. "This isn't about what the overwhelming majority of Americans want; it's about a small group of people who want control over women’s freedom to choose, and will seek any means to achieve it."
"This fight is bigger than Roe," she added. "This is about freedom, democracy, and fundamental human rights.”
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